If you work construction, you likely often put in long hours and travel away from home. Your family may depend on your paycheck, so if you have been the victim of wage theft, you may want to file a complaint against your employer to recover those lost earnings. You should pay close attention to make sure you are compensated fairly because billions of dollars of wages are stolen from workers every year.
As a construction worker, your hours could fluctuate. You may have many weeks where you work overtime to get the job done.
There are many ways wage theft takes place. You may not be paid minimum wage, you may not be paid for all hours you worked, you may not be paid the overtime wage you are entitled to receive, or you may not be paid the hourly wage that you were supposed to receive.
If you have noticed that your paycheck isn’t adding up to what you earned, then you should point it out to your manager or someone in the payroll department. You are entitled to those wages, and if they don’t correct the problem, you can file a claim against your employer and recover your lost earnings and any damages that you may be entitled to receive.
There is a limited time for pursuing a claim for wage theft, so it is important that you be attentive and report any issues right away. You don’t want to lose your hard-earned money because you didn’t catch the issue early on.
Examples of How Wage Theft May Occur To a Construction Worker
There are many ways that you could fall victim to wage theft. You could be shorted the hours that you worked, you may not be paid the agreed wage, your employer may refuse to pay your salary all together, you could be misclassified so you are not considered a non-exempt employee so they would not be required to pay overtime, there could be illegal deductions from your paycheck, or you could be not fairly compensated for your work.
You will need to keep copies of any timecards or timesheets along with any employment contract, employee handbook, memos, and other work-related documents. You will need to be able to determine how much you should earn each paycheck and then add it up and compare it to your actual earnings. That way, any shortages caused by wage theft will be caught right away and you can take action quickly.
Any problems should be reported to your employer. If they made a legitimate mistake, they would correct it. If they argue that you were paid fairly, or if they dispute your claims, then you may need take further action and file a complaint with the Labor Board or Labor Department. They will work to resolve the matter.
If you are the member of a laborers’ union, they will be able to help you through the process and will work to see that you are compensated fairly and recover your lost wages. As an example, you were working on a road project when you worked a 50-hour week.
You were to receive 40 hours at your regular $15 per hour wage and then 10 hours of overtime, which would be $15 at one-and-a-half the regular wage, which totals $22.50 per hour. When you received your paycheck, you were paid for 50 hours at $15 per hour, so you were shorted $75.
What To Do If Experiencing Wage Theft as a Construction Worker
If you have been the victim of wage theft as a construction worker, you will need to file a complaint and report the discrepancy. Provide copies of supporting evidence and documentation, so you have a foundation for your claim. You should also speak with an employment law attorney, so you can make sure you have someone looking out for your rights.
How an Employment Law Attorney Can Help
An employment law attorney will likely be familiar with the state and federal laws that apply to your situation. Your lawyer will build your case against your employer and will show what you were entitled to receive and what you were actually paid. An attorney will be able to determine your losses and calculate your damages from the wage theft case.
To make sure your claim is underway in a timely manner, complete the Free Case Evaluation Form on this page today. An attorney who handles wage theft claims in your area will review the details surrounding your claim and someone will help you determine how to proceed with your case.
